H1B Extension PERM Pending, Audit after 6 years

H1B Extension After 6 Years

H1B extension after 6-year max out is possible based on your current PERM or i140 status. Here are all the options available:

PERM Approved

You can apply for a 7th year H1B extension if the approved PERM was filed 365 days or more prior to the H-1B Extension application.

If you are falling short of 365 days, attorneys recommend using H1B recapture time to reach the 365-day limit.

i140 Pending

You should upgrade your i140 application to premium processing and get the result in 15 days if you are too close to the 6-year limit.

The other option is to use H1B recapture time and try to make PERM applied for date pass 365 days before H1B 6 year limit. By recapturing vacation time spent outside the USA, you will quality for filing a 1-year H1B extension.

i140 Approved

You can file H1B 3 year extension if your PERM and i140 are approved before the end of H1B’s 6th year. This is the best-case scenario.

All these scenarios are possible due to the American Competitiveness in the Twenty-First Century Act of 2000 (“AC21”) law allows H1B extensions beyond 6 years based on certain conditions.

No PERM Applied

If your employer has not applied for PERM and you are close to completing H1B 6 year quota, you can use the H1B time recapture rule to extend your H1B.

H1B Recapture Time

H1B recapture time means that you count all your vacation time spent outside the USA and claim it to extend your H1B 6-year quota date.

Example:

You are working on an H1B visa from 1 Jan 2013 to 1 Jan 2019 in the USA. During your time in the USA, you took 1 month (30 days) vacation each year to visit your family in India.

This makes it 30 * 6 = 180 days vacation time outside the USA. Your 6 year H1B quota will end on 1 Jan 2019 if you do not recapture vacation time.

You can recapture 180 days after 1st Jan 2019 to extend your US H1B stay till 30 June 2019 by filing an H1B extension from 1 Jan 2019 to 30 June 2019.

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